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Board approves rezoning for proposed bar
by Meghann Evans
22 months ago | 1895 views | 0 0 comments | 9 9 recommendations | email to a friend | print
Rezoning applicant Howard Lichtenberger, left, and Planning Director Kim Bates listen as attorney Fred Johnson argues against the rezoning of property on Old Westfield Road.
Rezoning applicant Howard Lichtenberger, left, and Planning Director Kim Bates listen as attorney Fred Johnson argues against the rezoning of property on Old Westfield Road.
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Last night a local property owner proposing to open a sports bar in Pilot Mountain came before the Surry County Commissioners again, and this time his rezoning request was approved.

After holding a public hearing, the Surry County Board of Commissioners approved the rezoning request with a few conditions recommended by the Surry County Planning Board. With the approved special conditions, Howard Lichtenberger will not be able to open the exact type of business that he originally envisioned. However, Kim Bates, planning director, clarified after the public hearing that Lichtenberger could open a restaurant on the property and could apply for a permit to serve alcohol.

The one-acre lot at the corner of Old Westfield Road and Matthews Road was rezoned from Rural Agricultural to Highway Business - Conditional. In accordance with the Planning Board’s recommendations, arcades, private recreation clubs, drinking establishments, billiard or pool halls, indoor recreation, and night clubs and places of entertainment are not allowed as principle uses on the site. Indoor recreational activities such as pool tables or electronic games also are restricted from the site as accessories.

When Lichtenberger first came before the commissioners in February, he proposed to have pool tables in his sports bar. The issue drew controversy, so the commissioners decided to table it. Over that time, Lichtenberger re-evaluated his request. Last night a public hearing was held on an identical application to the first, but this time Lichtenberger simply asked the commissioners to approve the zoning request as recommended by the planning board.

“If a couple of pool tables is that much trouble, I won’t worry about them,” said Lichtenberger.

Bates explained to the commissioners that the Planning Board thought that items such as pool tables could encourage a different use of the building in the future, such as for a nightclub.

Fred Johnson, an attorney in Mount Airy, spoke in addition to Lichtenberger during the public hearing. At the February meeting, Johnson presented the board with a petition signed by 50 people who did not want to see the property rezoned.

At that meeting, Johnson said, “We need to protect this area. Rural agricultural is what it is, what is has always been.”

Last night he provided a petition with 681 signatures to the board. He said many signatures came from people who lived nearby. He also cited concern once again for the proximity of the property to the Pilot Mountain Middle School now under construction.

“I’m for economic growth. I’m for incentives. But I’m also for the welfare of the 850 kids who will be in this area,” said Johnson.

Lichtenberger came back and said that he had a petition signed by 400 or 500 people in favor of the rezoning. He said he got signatures from all property owners within sight of the location.

“So I’ve got a bunch, too,” he said.

In the end, the rezoning was approved by a 4 to 1 vote with Commissioner Craig Hunter dissenting.

Hunter wrestled with the issue. But in the end, he said, “I don’t think it’s a good location for a business ... If it was on a thoroughfare, a major thoroughfare, I would probably go the other way.”

Commissioner Bill Hamlin was concerned about the hours of operation of the proposed restaurant. Lichtenberger said that his hours of operation will probably be 11 a.m. to 11 p.m.

Board Chairman Paul Johnson lives a few miles away from the site. He said, “All he’s asking for is a chance to make a living.”

Commissioner Jim Harrell asked Lichtenberger how long a building had been on the lot. Lichtenberger said the building which he proposes to convert to a restaurant had been there for more than 10 years. It was formerly been used as an industrial facility.

Harrell pointed out that businesses that existed at the time of the adoption of countywide zoning in 2001 were supposed to be grandfathered in. He thought that zoning Lichtenberger’s property as Rural Agricultural was an oversight in the first place.

“I think if we had done this right, he wouldn’t be Rural Agricultural anyway,” Harrell remarked.

The rezoning was approved after around 20 minutes of public comments and discussion between the commissioners.

The board also held public hearings regarding two other rezoning requests. The commissioners approved a request from Sharon Lowe to rezone Rural Agricultural property off of Red Hill Creek Road to Residential Limited for the purpose of creating a subdivision of eight lots. The commissioners also agreed to table a request from Randy Stanley to rezone property at 118 Aranda Lane from Rural Agricultural to Manufacturing Industrial. The Planning Board did not recommend this rezoning, so the applicant has agreed to re-evaluate his request before bringing it before the board.

Contact Meghann Evans at mevans@mtairynews.com or 719-1952.
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